`Tel: 571-272-7822
`
`
`Paper 31
`Entered: December 30, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`THX LTD.,
`Patent Owner.
`_______________
`
`Case IPR2014-00235
`Patent 7,433,483 B2
`_______________
`
`
`
`Before MICHAEL W. KIM, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`In the Scheduling Order dated June 11, 2014 (Paper 11), oral
`
`argument was scheduled to be held on January 28, 2015, if requested by the
`
`parties. Petitioner and Patent Owner have each requested oral argument.
`
`Papers 28, 29. The requests are granted.
`
`Each party will have 60 minutes of oral argument time. The oral
`
`argument will commence at 2:00 PM Eastern Time, on Wednesday, January
`
`28, 2015. The Board will provide a court reporter for the oral argument and
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`the reporter’s transcript will constitute the official record of the oral
`
`argument. The hearing transcript will be entered in the record of this
`
`proceeding.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`patent claims at issue are unpatentable. Therefore, at oral argument,
`
`Petitioner will proceed first to present its case with respect to the challenged
`
`patent claims and grounds with respect to which the Board instituted trial.
`
`Petitioner may reserve some of its argument time for use in further
`
`presentation after Patent Owner has responded to Petitioner’s initial
`
`presentation.
`
`Patent Owner will respond to Petitioner’s initial presentation, having
`
`available to it the entirety of its allotted argument time. Thereafter,
`
`Petitioner may make use of the time it has reserved, to rebut Patent Owner’s
`
`presentation.
`
`The oral argument will be open to the public for in-person attendance,
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia 22314. In-person attendance will be accommodated on a first-
`
`come, first-served basis.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days before the hearing. They shall be filed with the Board
`
`three business days prior to the hearing and the parties must initiate a
`
`conference call with the Board at least two business days prior to the hearing
`
`to resolve any dispute over the propriety of each party’s demonstrative
`
`exhibits. For guidance on what constitutes an appropriate demonstrative
`
`exhibit, the parties are directed to Paper 118 in CBS Interactive Inc. v.
`
` 2
`
`
`
`
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`Wireless Sciences LLC, IPR2013-00033 (PTAB October 23, 2013). No live
`
`testimony from any witness will be taken at the oral argument.
`
`The Board expects lead counsel for each party to be present at oral
`
`hearing, although any backup counsel may make the actual presentation, in
`
`whole or in part. Requests for audio-visual equipment are to be made 5 days
`
`in advance of the hearing date. The request is to be sent to
`
`Trials@uspto.gov. If the request is not received timely, the equipment may
`
`not be available on the day of the hearing.
`
`
`
`
`
` 3
`
`
`
`
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`
`
`
`For PETITIONER:
`
`David L. Cavanaugh
`Natalie Pous
`WILMER CUTLER PICKERING HALE & DORR LLP
`david.cavanaugh@wilmerhale.com
`natalie.pous@wilmerhale.com
`
`For PATENT OWNER:
`
`Christopher L. Kelley
`PERKINS COIE LLP
`ckelley@perkinscoie.com
`
`
`
` 4
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